QLD Received QP9 - Definition of "Indecent Treatment"?

[Jodie1975]

It is an extremely adversarial system. It seems the Prosecution will blindly ignore facts like this that should be as plain as day, while making every innocent little thing on the part of the Accused out to be something incredibly sinister. Nobody can hold up against it unless you have a DAMN good Lawyer, and even then it will be touch and go.

When the entire thing is set up to smear the person in every way possible, what hope does an average person have against that?

I was accused of being "very, very violent". When asked "What's the most violent thing he ever did?", the only answer she could come up with was "He threw a banana". I did indeed throw a banana at 3 kids on a Trampoline (it didn't hit anyone). Obviously it was a joke. I never expected it to come up in a Court one day.

Obviously that particular accusation didn't fly, but there were a lot of other things where I was made out to be the worst over, which were the most piddling things imaginable - but the Prosecution did their level best to paint the worst possible picture of me that they could for the Jury (this despite the fact that the duty of a Prosecutor includes never attempting to influence the outcome of a case by introducing prejudice or emotion).

Right from the outset with the blatant lies in the QP9... every single step of the way someone was more than ready to give Justice a bit of a push or a helping hand.

They are literally scum, and there is no limit to how low they will go. There is just no possible way an ordinary person can be certain of a good outcome. I sincerely hope your Husband doesn't become the next victim.

Several years after the fact I am still fighting for Justice, and everywhere I go to seek Justice I am treated like a Criminal, despite the fact that I have proved myself many times over. There can be absolutely no question that I was NOT tried by any correct process of Law (unfortunately I lost my chance to Appeal due to no fault of my own).

Once the system has you in its clutches, there is no escape.

I used to have the utmost respect for the legal system but through this process have lost a lot of faith in the decency of our law enforcement system.

My older daughter was in the room when the alleged touching occurred. What she saw was an arm around a shoulder and what the alleged ‘victim’ told me was that he put his arm around her shoulder but this what after she told her school teacher that her stepfather had touched her ‘inappropriately’.

We’ve got a damn good barrister and none of the story adds up...she couldn’t even recall what happened when questioned during the prerecord but still the case goes on.

I know exactly what you mean by them painting you in the worst possible light. My husband didn’t take the stand but I did. The prosecutor started a personal attack on me. The fact that I stayed with him...surely I must condone that sort of behaviour. If I thought for a second that he’d done what she claimed I would have left him that day.

Is there a way out or do you just compile every scrap of evidence you have and keep riding the rollercoaster

 

[Bill Murray]

Nearly everyone in jail will tell you they are innocent. It was a stitch up they will tell you.

 

[AnthonyC]

Nearly everyone in jail will tell you they are innocent. It was a stitch up they will tell you.

Our Court Systems are by no means infallible. In certain categories of cases, things run more on innuendo than evidence. The real perpetrators of these wrong acts do them in secrecy, behind closed doors. Therefore it can be much more difficult than in other cases to establish the truth. Unfortunately, this does result in innocent people being caught up in all this.

Even the young person who has made the complaint may not fully understand what they are saying, or how it is going to be interpreted - or even how far the Police and Prosecution will run with it... foaming at the mouth like rabid dogs. As I've said before, it is an extremely adversarial system. I've lived it. I sincerely hope that you never have to be on the receiving end of this in the Courts, but I can certainly tell you that it would open your eyes a great deal !

 

[Jodie1975]

Nearly everyone in jail will tell you they are innocent. It was a stitch up they will tell you.

I totally understand your stance and I’d be inclined to agree but I think you have failed to take many factors into account. Yes there are sick individuals in the world who perpetuate crimes against innocent children and they should be dealt with accordingly. There is however also good honest individuals who find themselves on the receiving end of horrible allegations that they have to defend themselves against. Some kids don’t understand the gravity of the allegations they are making but it can tear a family apart. Unless you have lived this you are really not in a position to place judgement

Our Court Systems are by no means infallible. In certain categories of cases, things run more on innuendo than evidence. The real perpetrators of these wrong acts do them in secrecy, behind closed doors. Therefore it can be much more difficult than in other cases to establish the truth. Unfortunately, this does result in innocent people being caught up in all this. Even the young person who has made the complaint may not fully understand what they are saying, or how it is going to be interpreted - or even how far the Police and Prosecution will run with it... foaming at the mouth like rabid dogs. As I've said before, it is an extremely adversarial system. I've lived it. I sincerely hope that you never have to be on the receiving end of this in the Courts, but I can certainly tell you that it would open your eyes a great deal !

 

[J Dillon]

Anthony, you should check out my post on here. I have been charged with the same Accusation and I will be pleading not guilty! It went as far as my PC being seized by the police, charged, arrested and put on bail for it.

I am going to legal aid as I cannot afford a top-notch lawyer, also the " stepdaughter's " boyfriend who is 21 and she is 16 has blatantly lied to the police about me so I am hoping I can get all charges dropped and then I will be counter suing them.

Is this just a teenage girl thing or what? do all teens go through this stage?

I mean if there is a conviction and there shouldn't be, this could also ruin my life

 

[AnthonyC]

J Dillon, I'm not judging you, but parts of your story are a bit unsavoury, and unlikely to win you too many sympathy votes. Also, you do seem a little overconfident in our Legal System. All I can say to you is best of luck. I hope the truth comes out and Justice is served.

 

[J Dillon]

I know it seems that way, but it’s all been blown out of proportion. And I’m used to being judged. I’m hoping the truth comes out and as I said in my post, I have never touched her in a sexual way ever.

 

[Hanna jaye]

1800FATHER are a great asset for this kind of thing. Their has to be more to this in the video interview of the child’s evidence is my thoughts...

#donotconsent - Australian Brotherhood Of Fathers

 

[AnthonyC]

I had forgotten about these posts I made. By way of an update, last year I was diagnosed with Autism. I am what they call "high functioning" in general, but unfortunately my functioning is extremely low in unfamiliar situations such as Police Interviews.

I have still not received my Appeal and have been fighting for it every step of the way (without any Legal Help, since my Career is absolutely in ruins. I cannot apply for any job in my field without Criminal History checks becoming a major issue).

My story has been covered in The Morning Bulletin Newspaper, 29th January, 2019. It is also on permanent record in the form of a Human Rights Submission to Parliament. That may be found here (including my own retelling of my experiences with Autism and the Criminal Justice System, beginning on Page 6): https://www.parliament.qld.gov.au/d...ACSC/2018/HumanRights2018/submissions/087.pdf

There is no doubt whatsoever that Autism was a major factor in what happened to me. Here are some comments from my OWN Defense Lawyer in the closing addresses of my Trial:

"You imagine living with [this] character. You heard the record of interview. It went for almost two hours. There were the diatribes of soul searching, over-analysing, analysis paralysis. Imagine living with him. It’d be like watching paint dry. He was a human irritant..."

"You heard him. It was an irritation to listen to him in the record of interview. Please don’t hold that against him. His boring monologue and his soul searching and his insights into this family dynamic, you would have found them quite boring."

"and we had to sit – listen to that boring diatribe of a record of interview"

Despite my Lawyer telling me repeatedly that it was “the worst interview he had ever heard” and berating me extensively for statements I made during the interview – and the Crown Prosecutor mercilessly attacking my interviewing style and responses – it appears that nobody during the course of the entire Legal matter tweaked to the fact that I had strongly Autistic tendencies.

What hope does an accused person have where it is genuinely the case that their Autistic traits and mannerisms exhibited during a Police Interview with no Lawyer or Support Person present are effectively used to build a case against them?

Autistic traits of oversharing, over-analysis and excessive candour can all too easily give rise to a perceived ‘admission’, which may unfortunately be taken as a kind of ‘faux confession’. This was very much the case in my Trial, although no admission to any Crime or Criminal Act was involved. The resulting prejudice is all but impossible to overcome.

Unfortunately I somehow managed to slip through the cracks when it came to requesting an Appeal as well. I was not able to be supplied with my Lawyers phone number, nor were two requests I made specifically to pursue an Appeal of my Conviction followed through on. I have been told many, many times that it is just too late, despite making every possible effort to highlight and document the injustice that I have suffered.

So far any attempts to secure some kind of Legal Advocacy have fallen flat. It seems I don't fall into the category of the "disabled" persons who are generally the recipients of such assistance.

If anyone was willing to assist me, I would accept their help most graciously. I do wonder about the others who were mentioned in this thread, and how they are getting on. I should very much like to know.

 

[Jodie1975]

Hey Anthony,

Went through all the process last year. We were one of the lucky ones...found not guilty. I do find it sad that so many of these stepchildren are leveling these allegations against the people that step up to the parent role. No doubt there’s validity to some but in a lot of cases it’s a way to get revenge.

Hopefully you’ll get some answers and justice soon.

I had forgotten about these posts I made. By way of an update, last year I was diagnosed with Autism. I am what they call "high functioning" in general, but unfortunately my functioning is extremely low in unfamiliar situations such as Police Interviews.

I have still not received my Appeal and have been fighting for it every step of the way (without any Legal Help, since my Career is absolutely in ruins. I cannot apply for any job in my field without Criminal History checks becoming a major issue).

My story has been covered in The Morning Bulletin Newspaper, 29th January, 2019. It is also on permanent record in the form of a Human Rights Submission to Parliament. That may be found here (including my own retelling of my experiences with Autism and the Criminal Justice System, beginning on Page 6): https://www.parliament.qld.gov.au/d...ACSC/2018/HumanRights2018/submissions/087.pdf

There is no doubt whatsoever that Autism was a major factor in what happened to me. Here are some comments from my OWN Defense Lawyer in the closing addresses of my Trial:



Despite my Lawyer telling me repeatedly that it was “the worst interview he had ever heard” and berating me extensively for statements I made during the interview – and the Crown Prosecutor mercilessly attacking my interviewing style and responses – it appears that nobody during the course of the entire Legal matter tweaked to the fact that I had strongly Autistic tendencies.

What hope does an accused person have where it is genuinely the case that their Autistic traits and mannerisms exhibited during a Police Interview with no Lawyer or Support Person present are effectively used to build a case against them?

Autistic traits of oversharing, over-analysis and excessive candour can all too easily give rise to a perceived ‘admission’, which may unfortunately be taken as a kind of ‘faux confession’. This was very much the case in my Trial, although no admission to any Crime or Criminal Act was involved. The resulting prejudice is all but impossible to overcome.

Unfortunately I somehow managed to slip through the cracks when it came to requesting an Appeal as well. I was not able to be supplied with my Lawyers phone number, nor were two requests I made specifically to pursue an Appeal of my Conviction followed through on. I have been told many, many times that it is just too late, despite making every possible effort to highlight and document the injustice that I have suffered.

So far any attempts to secure some kind of Legal Advocacy have fallen flat. It seems I don't fall into the category of the "disabled" persons who are generally the recipients of such assistance.

If anyone was willing to assist me, I would accept their help most graciously. I do wonder about the others who were mentioned in this thread, and how they are getting on. I should very much like to know.